ILNews

Opinions June 30, 2014

June 30, 2014
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Indiana Supreme Court
The following opinions were issued Friday after IL deadline.

Keion Gaddie v. State of Indiana
49S02-1312-CR-789.
Criminal. Reverses conviction of Class A misdemeanor resisting law enforcement, holding that I.C. 35-44.1-3-1(a)(3), the statute defining the offense of resisting law enforcement by fleeing after being ordered to stop, must be construed to require that a law enforcement officer’s order to stop be based on reasonable suspicion or probable cause. On that basis, there was insufficient evidence against Gaddie to support the conviction.

Donald Murdock v. State of Indiana
48S02-1406-CR-415
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement, holding the evidence and reasonable inferences established Murdock knowingly or intentionally fled from a law enforcement officer’s order to stop that was based on reasonable suspicion of criminal activity.

Dexter Berry v. State of Indiana
49S04-1406-CR-416
Criminal. Reverses and remands with instructions to accept or reject the plea agreement as written. Rules that the court lacked the authority under terms of the plea agreement to impose on the defendant one year of work release as a condition of probation following his 10-year sentence. The trial court was allowed to order probation after the defendant served his sentence but it could not impose punitive conditions like restrictive placement.

Tin Thang v. State of Indiana
49S04-1402-CR-72
Criminal. Affirms conviction of Class B misdemeanor public intoxication. Finds based on the evidence the trial court could conclude beyond a reasonable doubt that the defendant had been intoxicated in a public place while endangering the life of himself or others. Justices David and Rucker dissent.
   
June 30
Indiana Court of Appeals

Dennis Samples v. Steve Wilson and Donald & Ingrid Bannon, husband and wife, and Ronald & Edna Bannon, husband and wife
60A01-1312-PL-518
Civil plenary. Affirms trial court denial of motion to correct error in judgment in favor of defendants, holding that Dennis Samples had not proven the court erred in finding the expansion of a dam on neighboring property encroached on his land or was a nuisance.

Anissa L. Tyler v. State of Indiana (NFP)
48A04-1309-PC-428
Post conviction. Reverses denial of post-conviction relief; vacates convictions of murder and Class A felony aiding, inducing or causing robbery; and remands for retrial, finding the court erred in determining that Tyler received effective assistance of counsel.

Doaa I. Ebrahim v. Essam Otefi (NFP)
76A03-1309-DR-368
Domestic. Affirms denial of Ebrahim’s motion for relief from judgment from the trial court’s dissolution of marriage decree.

Darcel Edwards v. State of Indiana (NFP)
49A04-1311-CR-578
Criminal. Affirms placement split between Department of Correction and work release on an eight-year sentence for conviction of Class B felony dealing in cocaine.

Cheryl Rodriguez v. Sourthern Dunes Golf, LLC (NFP)
49A02-1307-PL-639
Civil plenary. Affirms judgment in favor of Southern Dunes.

Bernard A. Burrell v. State of Indiana (NFP)
45A03-1311-CR-431
Criminal. Affirms 12-year sentence for conviction of Class B felony dealing cocaine.

Katherine Fraze v. Floyd County Health Department, and City of New Albany and Animal Control (NFP)
22A04-1402-CC-62
Collection. Affirms trial court denial of motion to correct error in favor of the city limiting the number of dogs Fraze could keep on her property.
 
Anthony Ray Willoughby v. State of Indiana (NFP)
49A04-1307-PC-375
Post conviction. Affirms denial of post-conviction relief.
 
In re: The Visitation of W.G.R. (Minor Child) M.W.R., Father v. K.G. and D.G., Maternal Grandparents (NFP)
78A01-1312-MI-540
Miscellaneous. Remands order for grandparent visitation for findings of fact and conclusions of law.
 
Chad Thomas Gates v. Shannon Leigh Gates (NFP)
83A05-1401-DR-26
Domestic. Affirms trial court denial of father’s petition to modify custody.
 
Ralph Dennis Gabriel, Jr. v. State of Indiana (NFP)
45A04-1311-CR-585
Criminal. Affirms 14-year sentence for conviction of Class B felony burglary.

Robert Birk v. State of Indiana (NFP)
49A02-1310-CR-897
Criminal. Affirms convictions of Class D felony possession of a narcotic drug and Class A misdemeanor driving while suspended.
 
James Pello v. State of Indiana (NFP)
20A03-1312-PC-488
Post conviction. Affirms denial of post-conviction relief.
 
Walter L. Logan v. State of Indiana (NFP)
34A04-1311-CR-581
Criminal. Affirms 28-year aggregate sentence of Class C felony reckless homicide and Class B felony possession of cocaine.
 
Tyrone R. McGee v. State of Indiana (NFP)
15A05-1311-CR-575
Criminal. Affirms revocation of probation.
 
Stephan Gallagher v. State of Indiana (NFP)
15A05-1301-PC-12
Post conviction. Affirms denial of post-conviction relief.
 
Brandon Scroggin v. State of Indiana (NFP)
64A04-1306-CR-312
Criminal. Dismisses as untimely Scroggin’s appeal of convictions of Class C felony receiving stolen auto parts, Class D felony counts of arson and intimidation, and Class A misdemeanor criminal mischief.

Diamond Staples v. State of Indiana (NFP)
48A04-1403-CR-118
Criminal. Affirms revocation of probation.

Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline Monday. 7th Circuit Court of Appeals issued no Indiana opnions by IL deadline.
 

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  1. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

  2. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

  3. Diversity is important, but with some limitations. For instance, diversity of experience is a great thing that can be very helpful in certain jobs or roles. Diversity of skin color is never important, ever, under any circumstance. To think that skin color changes one single thing about a person is patently racist and offensive. Likewise, diversity of values is useless. Some values are better than others. In the case of a supreme court justice, I actually think diversity is unimportant. The justices are not to impose their own beliefs on rulings, but need to apply the law to the facts in an objective manner.

  4. Have been seeing this wonderful physician for a few years and was one of his patients who told him about what we were being told at CVS. Multiple ones. This was a witch hunt and they shold be ashamed of how patients were treated. Most of all, CVS should be ashamed for what they put this physician through. So thankful he fought back. His office is no "pill mill'. He does drug testing multiple times a year and sees patients a minimum of four times a year.

  5. Brian W, I fear I have not been sufficiently entertaining to bring you back. Here is a real laugh track that just might do it. When one is grabbed by the scruff of his worldview and made to choose between his Confession and his profession ... it is a not a hard choice, given the Confession affects eternity. But then comes the hardship in this world. Imagine how often I hear taunts like yours ... "what, you could not even pass character and fitness after they let you sit and pass their bar exam ... dude, there must really be something wrong with you!" Even one of the Bishop's foremost courtiers said that, when explaining why the RCC refused to stand with me. You want entertaining? How about watching your personal economy crash while you have a wife and five kids to clothe and feed. And you can't because you cannot work, because those demanding you cast off your Confession to be allowed into "their" profession have all the control. And you know that they are wrong, dead wrong, and that even the professional code itself allows your Faithful stand, to wit: "A lawyer may refuse to comply with an obligation imposed by law upon a good faith belief that no valid obligation exists. The provisions of Rule 1.2(d) concerning a good faith challenge to the validity, scope, meaning or application of the law apply to challenges of legal regulation of the practice of law." YET YOU ARE A NONPERSON before the BLE, and will not be heard on your rights or their duties to the law -- you are under tyranny, not law. And so they win in this world, you lose, and you lose even your belief in the rule of law, and demoralization joins poverty, and very troubling thoughts impeaching self worth rush in to fill the void where your career once lived. Thoughts you did not think possible. You find yourself a failure ... in your profession, in your support of your family, in the mirror. And there is little to keep hope alive, because tyranny rules so firmly and none, not the church, not the NGO's, none truly give a damn. Not even a new court, who pay such lip service to justice and ancient role models. You want entertainment? Well if you are on the side of the courtiers running the system that has crushed me, as I suspect you are, then Orwell must be a real riot: "There will be no curiosity, no enjoyment of the process of life. All competing pleasures will be destroyed. But always — do not forget this, Winston — always there will be the intoxication of power, constantly increasing and constantly growing subtler. Always, at every moment, there will be the thrill of victory, the sensation of trampling on an enemy who is helpless. If you want a picture of the future, imagine a boot stamping on a human face — forever." I never thought they would win, I always thought that at the end of the day the rule of law would prevail. Yes, the rule of man's law. Instead power prevailed, so many rules broken by the system to break me. It took years, but, finally, the end that Dr Bowman predicted is upon me, the end that she advised the BLE to take to break me. Ironically, that is the one thing in her far left of center report that the BLE (after stamping, in red ink, on Jan 22) is uninterested in, as that the BLE and ADA office that used the federal statute as a sword now refuses to even dialogue on her dire prediction as to my fate. "C'est la vie" Entertaining enough for you, status quo defender?

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